Softwarekauf und Softwareaktualisierung

The study examines the conditions under which sellers are obliged to provide updates and the framework they must observe in doing so. It focuses on contracts between consumers and businesses and analyzes both digital content and goods with digital elements.
One central issue is when an obligation to provide updates arises. A distinction is made between updates intended to remedy initial defects and those aimed at adapting to evolving quality requirements. The study develops objective minimum standards for the conformity of software with the contract, which apply even in the absence of an express agreement. Particular attention is given to the obligation, in force since 2022, to provide updates to "maintain conformity with the contract" (secs. 327e(3) p. 1 no. 5, 327f(1), 475b(4) no. 2 BGB). This obligation is analyzed from a doctrinal perspective and specified in terms of its content and temporal scope.
A further focus lies on the manner in which updates are provided. The study examines whether common practices-such as automatic updates or functional enhancements beyond what is technically necessary-are compatible with statutory requirements. It shows that the law protects user autonomy and allows consumers to decide whether to implement updates. It also clarifies the efforts required of sellers in supplying updates.
Overall, the study contributes to the systematization of digital warranty law and provides practical guidance for both businesses and consumers.